Nov 12, 2012 3:00pm EST
of both republicans and democrats. >>shepard: thank you from washington. with us now is the senior judicial analyst, who now also is the author of a new book and how two american presidents destroyed constitutional freedom. i don't really understand how this went from an affair through an e-mail to an investigation on this level. >>judge napolitano: i don't understand that, either, shep, and in order for the f.b.i. to be reading the e-mails of the chief spy of the united states, the director of the c.i.a., they would either need a search warrant from a federal judge and would have to demonstrate to him that yep general himself was possessing or was involved with, or possessing evidence of a crime or engaged in control activity or they would have to write their own search warrant under the patriot act and satisfy themselves the general was involved in terrorist activity. both of these is absurd. neither of them could form the basis for this. the only other way to watch the e-mail is to hack into a c.i.a. computer which would then be a crime so in any those three situations, the f.b.